VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00791
Package ID: USCOURTS-cofc-1_24-vv-00791
Petitioner: Eric Gervasi
Filed: 2024-05-22
Decided: 2025-09-03
Vaccine: influenza
Vaccination date: 2022-10-27
Condition: left shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 84383

AI-assisted case summary:
On May 22, 2024, Eric Gervasi filed a petition alleging that an influenza vaccination administered on October 27, 2022 caused a left shoulder injury related to vaccine administration. The record also referenced a COVID-19 vaccination that day, but the Vaccine Program claim proceeded on the covered influenza vaccine.

Respondent conceded entitlement in 2025. The Secretary agreed that Mr. Gervasi had no prior left shoulder condition, that pain began within 48 hours of the flu vaccination, that the pain and reduced range of motion were limited to the vaccinated shoulder, that no other condition explained the symptoms, and that residual effects lasted longer than six months. Chief Special Master Brian H. Corcoran found entitlement on July 1, 2025.

Damages were resolved by proffer. On September 3, 2025, the Chief Special Master awarded $84,383.00, consisting of $82,500.00 for pain and suffering and $1,883.00 for past unreimbursable expenses. The award was payable by ACH deposit to counsel's IOLTA account for prompt disbursement. Mr. Gervasi was represented by Jonathan Svitak.

Theory of causation field:
Influenza vaccine, October 27, 2022, competent adult petitioner exact age not stated, causing left SIRVA. ENTITLEMENT GRANTED by concession and COMPENSATED by proffer. Respondent conceded Table SIRVA: no prior left shoulder condition, pain within 48 hours, symptoms limited to the left shoulder, no alternative diagnosis, and residual effects longer than six months. Award: $84,383 total, including $82,500 pain and suffering and $1,883 past unreimbursable expenses. Chief Special Master Corcoran, entitlement July 1, 2025 and damages September 3, 2025. Attorney Jonathan Svitak.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00791-0
Date issued/filed: 2025-08-04
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 07/01/2025) regarding 22 Ruling on Entitlement ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00791-UNJ Document 25 Filed 08/04/25 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-791V
ERIC GERVASI, Chief Special Master Corcoran
Petitioner, Filed: July 1, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On May 22, 2024, Eric Gervasi filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine administration
“SIRVA”) after receiving an influenza (“flu”) vaccination on October 27, 2022. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On May 8, 2025, Respondent filed his Rule 4(c) report in which he concedes that
Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1.
Specifically, Respondent agrees that Petitioner had no history of pain, inflammation, or
dysfunction in his left shoulder prior to vaccination; pain occurred within forty-eight hours
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00791-UNJ Document 25 Filed 08/04/25 Page 2 of 2
after receipt of a flu vaccination, that pain and reduced range of motion was limited to
Petitioner’s left shoulder, and that no other condition or abnormality has been identified
to explain Petitioner’s shoulder pain. Id. at 7.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00791-1
Date issued/filed: 2025-10-06
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 09/03/2025) regarding 27 DECISION Stipulation/Proffer ( Signed by Chief Special Master Brian H. Corcoran. )(mpj) Service on parties made.
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Case 1:24-vv-00791-UNJ Document 34 Filed 10/06/25 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-791V
ERIC GERVASI, Chief Special Master Corcoran
Petitioner, Filed: September 3, 2025
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Jonathan J. Svitak, Shannon Law Group, P.C., Woodridge, IL, for Petitioner.
Katherine Edwards, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On May 22, 2024, Eric Gervasi filed a petition for compensation under the National
Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the “Vaccine
Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine administration
(“SIRVA”) after receiving an influenza (“flu”) vaccination on October 27, 2022. Petition at
1. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On July 1, 2025, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for his SIRVA. On September 3, 2025, Respondent filed a proffer on award
of compensation (“Proffer”) indicating Petitioner should be awarded $84,383.00,
representing $82,500.00 for past pain and suffering and $1,883.00 for past unrimbursable
expenses. Proffer at 2. In the Proffer, Respondent represented that Petitioner agrees with
the proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled
to an award as stated in the Proffer.
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00791-UNJ Document 34 Filed 10/06/25 Page 2 of 5
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $84,383.00, to be paid through an ACH deposit to Petitioner’s
counsel’s IOLTA account for prompt disbursement to Petitioner. This amount
represents compensation for all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:24-vv-00791-UNJ Document 34 Filed 10/06/25 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
ERIC GERVASI,
Petitioner,
v. No. 24-791V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 22, 2024, Eric Gervasi (“petitioner”) filed a petition for compensation under the
National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34 (“Vaccine Act” or
“Act”), alleging that he suffered a shoulder injury related to vaccine administration (“SIRVA”),
as the result of an influenza (“flu”) vaccination he received on October 27, 2022.1 Petition at 1.
On May 8, 2025, the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c)
Report indicating that this case is appropriate for compensation under the terms of the Act for a
SIRVA Table injury, and on July 1, 2025, the Chief Special Master issued a Ruling on
Entitlement finding petitioner entitled to compensation. ECF No. 21; ECF No. 22.
1 On October 27, 2022, petitioner received a COVID-19 vaccine. Vaccines against COVID-19
are not contained in the Vaccine Injury Table. See 42 U.S.C. § 300aa-14 and 42 C.F.R. §
100.3(a). Pursuant to the declaration issued by the Secretary of Health and Human Services
under the Public Readiness and Emergency Preparedness Act (42 U.S.C. §§ 247d-6d, 247d-6e),
claims for alleged injuries from COVID-19 countermeasures, including vaccines, may be
compensable under the Countermeasures Injury Compensation Program (“CICP”). See 85 Fed.
Reg. 15198, 15202 (March 17, 2020).

Case 1:24-vv-00791-UNJ Document 34 Filed 10/06/25 Page 4 of 5
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $82,500.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $1,883.00. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following2,3 a lump sum payment of $84,383.00, through an
ACH deposit to petitioner’s counsel’s IOLTA account for prompt disbursement to petitioner.
2 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
3 The entry of judgment awarding the compensation described herein in a Decision of the Special
Master, resolves any and all actions or causes of action (including agreements, judgments,
claims, damages, loss of services, expenses and all demands of whatever kind or nature) that
have been brought, could have been brought, or hereafter could be timely brought against the
United States and the Secretary of Health and Human Services in the Court of Federal Claims,
under the National Vaccine Injury Compensation Program, 42 U.S.C. § 300aa-10 et seq., (a) on
account of, or in any way growing out of any and all known or unknown, suspected or
unsuspected personal injuries to or death of petitioner that resulted from, or that may be alleged
2

Case 1:24-vv-00791-UNJ Document 34 Filed 10/06/25 Page 5 of 5
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Eric Gervasi: $84,383.00
Respectfully submitted,
BRETT A. SHUMATE
Assistant Attorney General
C. SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
LARA A. ENGLUND
Assistant Director
Torts Branch, Civil Division
/s/ Katherine Edwards
KATHERINE EDWARDS
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 742-6374
Katherine.Edwards2@usdoj.gov
Dated: September 3, 2025
to have resulted from, the vaccinations identified herein, and (b) that petitioner has had, now has,
or hereafter may have with respect to the injury that gave rise to the petition for vaccine
compensation filed in the United States Court of Federal Claims as petition No. 24-791V.
3